Ewald v. Ewald
Massachusetts Supreme Judicial Court
Libel, filed on December 11,1913, for an annulment of marriage on the ground that, at the time of the marriage of the libellant to the libellee, two years had not elapsed from the time of the entry of a final decree of divorce upon a libel against the libel-lee brought by his former wife, and that the libellant and the libellee, for the purpose of evading the prohibition contained in R L. c. 152, § 21, procured their marriage to be solemnized in the State of New Hampshire,…
Read the full summary
Libel, filed on December 11,1913, for an annulment of marriage on the ground that, at the time of the marriage of the libellant to the libellee, two years had not elapsed from the time of the entry of a final decree of divorce upon a libel against the libel-lee brought by his former wife, and that the libellant and the libellee, for the purpose of evading the prohibition contained in R L. c. 152, § 21, procured their marriage to be solemnized in the State of New Hampshire, intending to return to this Commonwealth and reside here, which they did. In the Superior Court the case was heard by…
1Opinion of the CourtSheldon, J.
We do not find it necessary to determine whether there was a valid marriage between these parties. The petitioner rests her case upon the allegation that she acted with the deliberate intention of evading the laws of this Commonwealth, in which she was and has continued to be resident. She not only comes-into court with unclean hands, but she makes her wrongful conduct the very ground of her application for relief from its consequences. The court will leave her in the position in which she has chosen to place herself.
It is true that there has been some contrariety of decision as to this…
2Cases cited1 opinion
- Kerrison v. KerrisonNew York Supreme Court · 1880
3Cited by18 opinions
- Rubenstein v. LottowMassachusetts Supreme Judicial Court · 1915
- Chapman v. ChapmanMassachusetts Supreme Judicial Court · 1916
- Heflinger v. HeflingerSupreme Court of Virginia · 1923
- New York, New Haven & Hartford Railroad v. Pierce Coach Lines, Inc.Massachusetts Supreme Judicial Court · 1933
- Gardner v. GardnerMassachusetts Supreme Judicial Court · 1919
13 more not listed; retrieve them via the Exa API.